Where There Is No Remedy, There Is No Right: Holding a Rogue President to Account

What if the President of the United States could lock his public critics in prison and suffer no consequences?  The First, Fourth, and Eighth Amendments to the United States Constitution count for little if the executive can silence his critics with the threat of imprisonment and solitary confinement, while the courts sit idly by.  This […]

New Horizons for Pro Bono Work

The pandemic continues to change law firm strategy and operations across the board.  As we all cultivate a new flexibility, Gilbert LLP is bringing a fresh perspective to its pro bono work as well. We’re incredibly proud of the pro bono work that we’ve done here in D.C., and of the many ways that our […]

Hurricane Ian – Navigating Insurance Coverage

By Jason Rubinstein Hurricane Ian’s torrential rains and devastating storm surge (not to mention category 4 winds) have caused catastrophic damage, power and/or water outages, collapsed roofs, and business closures.  Despite preparations aimed at limiting the damages, once immediate health and safety is secured, individuals and companies alike will need to shift their focus to […]

Hurricane Ian – Navigating Insurance Coverage

Hurricane Ian’s torrential rains and devastating storm surge (not to mention category 4 winds) have caused catastrophic damage, power and/or water outages, collapsed roofs, and business closures.  Despite preparations aimed at limiting the damages, once immediate health and safety is secured, individuals and companies alike will need to shift their focus to mitigating losses and […]

Russia’s Invasion of Ukraine:  Maximizing Insurance Coverage to Mitigate Financial Losses

Russia’s invasion of Ukraine has led not only to severe humanitarian consequences, but also to severe economic consequences for Ukrainians, Russians, and others who conduct business within the region.  From the destruction of physical property in Ukraine, to forced abandonment of Ukrainian assets, to trade interruptions stemming from global sanctions on Russia, economic fallout from […]

In 2021, Gilbert Continues to Embrace Its Commitment to Do Good

A key tenet of Gilbert’s philosophy is to give back to our communities.  Lawyers and other professionals at Gilbert LLP engage in public service work, including a substantial pro bono legal practice.  That practice has never been more essential. The extraordinary events of the last 22 months highlight how certain populations—immigrants, racial and ethnic minorities, […]

The Bedivere Liquidation – What Matters for Policyholders?

The Bedivere Insurance Company, formerly known as OneBeacon Insurance Company, was placed into liquidation on March 11, 2021.  Once writing commercial, workers’ compensation, and automobile liability insurance policies nationwide, the company had stopped writing most new or renewal business over a decade ago.  As a Pennsylvania-domiciled insurance company, the Pennsylvania Commonwealth Court will oversee the […]

Winter Storms Projected to Be Largest Insured Loss in Texas History—Secure Your Safety and Property and Preserve Your Insurance Rights

The subzero temperatures and winter storms that swept through Texas and surrounding states this past week have left millions without power and/or water, subject to rolling blackouts, fighting frozen and/or bursting pipes, with collapsed roofs, or forced business closures.  Once immediate health and safety is secured, individuals and companies alike will need to shift their […]

Opportunities for the Biden Administration to Reverse Failed Trump Policy on Cuba – Part 2

Over the years, Gilbert LLP has been involved in many facets of Cuban-American relations.  As a new presidential administration settles in, we have developed several recommendations for undoing President Trump’s isolationist policies and effectuating meaningful changes to U.S.-Cuban relations without Congressional involvement. In Part 1 of this two-part series, we offered proposals to improve family […]

Opportunities for the Biden Administration to Reverse Failed Trump Policy on Cuba – Part 1

Potentially no country has more to gain from a new U.S. presidential administration than Cuba.  President Trump has spent the last four years ratcheting up sanctions on Cuba and rolling back prior efforts to normalize relations in an effort to cripple the Cuban government and force a regime change. Whether President Biden will return to […]

Administration of Coronavirus Vaccines May Raise Constitutional Issues

With the development of COVID-19 vaccines, the world may finally be looking at a solution to the pandemic that has plagued all of us for the past year.  As several experts have noted, however, “Vaccines don’t prevent diseases; vaccinations do.”  And that creates a potential problem, because, as experts in other fields have noted, many […]

North Carolina Court Holds That All Risk Policies Cover COVID-19 Business Income and Extra Expense Losses as a Matter of Law

On several occasions, my law partner Mark Packman and I have published articles discussing that initial COVID-19 insurance coverage decisions going the insurance industry’s way are not a silver bullet for insurers. We have explained that individual or consolidated claims should be assessed on their own merits because factors such as specific policy language, jurisdiction, […]

Bedrock Principles of Insurance Contract Interpretation May Aid Policyholders Seeking Coverage for Losses Due to COVID-19

Determining how an insurance policy applies to a situation not anticipated by the policy’s drafters often results in disputes between an insurer and a policyholder.  So, it’s no surprise that the COVID-19 pandemic, which is unprecedented in many respects, has led to numerous differences of opinion regarding the extent to which various types of insurance […]

Insurer Suggests Some Viruses Can Knock Down Buildings, Just Not COVID

Insurers like to trumpet litigation wins on COVID business interruption coverage, but it’s helpful to actually read the decisions. Take the recent It’s Nice–Chicken Shack case. The best part of it is the insurer arguing that viruses can cause property damage, which it contended (incorrectly) requires damage to a building’s structure. The insurer did so […]

Renewed Shutdowns/Restrictions Present Interesting Issues Regarding COVID-19 Business Interruption Claims

In recent weeks we have published multiple pieces on issues related to the calculation of damages under business interruption policies for losses associated with COVID-19 shutdowns/restrictions.  Unlike more conventional business interruption claims, such as losses associated with a hurricane, COVID-19 claims are likely to be more complicated regarding the end date for loss calculations, especially […]

Proposed Legislation Regarding Business Interruption Insurance for COVID-19 Claims

In recent writings, we’ve informed you about insurance legislation introduced in several states to deal with the coronavirus pandemic.  This legislation generally seeks to compel insurers to provide coverage for the business interruption insurance their policyholders purchased and forbids insurers from arguing that coverage is precluded by virus exclusions or by “physical damage” to property […]

Interplay of Mitigation and COVID Business Interruption Claims

On June 15, 2020, Society Insurance (“Society”) filed a motion in the United States District Court for the Eastern District of Wisconsin seeking dismissal of a proposed class action lawsuit that seeks insurance coverage for COVID-19-related losses incurred by certain bars and restaurants in Wisconsin, Minnesota, and Tennessee.  Rising Dough, Inc., et al. v. Society […]

Reasons for Communicating Clearly with Your Insurer Regarding the Scope of Coverage Before Purchasing Cyber Insurance

Purchasing cyber insurance is notoriously complex—standard form policies do not currently exist, many key terms setting the scope of coverage have not been analyzed by courts, and cyber risks are complicated and constantly evolving.  Given these complexities, prospective policyholders should consider, before purchasing a cyber policy, communicating their expectations for coverage in clear and specific […]

Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 2)

In Part One of this post, we discussed proposed legislation addressing the rights of policyholders to business interruption coverage for coronavirus claims and the insurance industry’s objection that this legislation would violate the Contracts Clause of the United States Constitution.  Below, we discuss the test for whether a state law violates the Contracts Clause, the […]

Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 1)

The Coronavirus Crisis On top of its human toll, the coronavirus pandemic has had massive economic effects.  Stay-at-home orders, which remain in place in much of the United States, have resulted in massive layoffs, spiraling claims for unemployment compensation, and unprecedented federal aid. Many businesses affected by the pandemic have turned to their insurers seeking […]

Social Distancing During Wedding Season: Mitigating Loss and Securing Insurance Coverage

In a typical year, March flowers hint at wedding showers soon to be celebrated.  But 2020 is not a typical year.  As travel and crowd size restrictions continue to tighten, the wedding industry—which relies on large gatherings of people, many of whom travel for the occasion—has been and will continue to be significantly impacted.  And […]

Non-Public Companies Should Not Forget D&O Insurance When Evaluating Coverage That May Respond To COVID-19-Related Losses

Though most initial COVID-19 insurance-related analysis is focusing on first-party insurance, companies should also review their third-party insurance coverage in response to this pandemic.  Non-public companies would be well-advised in this review not to overlook directors and officers (“D&O”) insurance, which often provides quite broad liability coverage to such companies.  Although D&O coverage for public […]

Businesses At Risk Of COVID-19-Related Lawsuits Should Consider Providing Notice of Circumstance Under Current Claims-Made Liability Policies

Health and safety are rightly everyone’s first priority as COVID-19’s unprecedented impact continues to grow each day.  But businesses should also start considering what future lawsuits they may face related to COVID-19 and how to protect their rights under third-party liability insurance policies intended to cover such lawsuits. One key issue every business should consider […]

Coronavirus and Implications on Employment Claims and Insurance

My colleague, Jason Rubinstein, recently wrote a piece highlighting potential impacts the coronavirus pandemic might have on various commercial lines of insurance.  Though too early to know the full extent of resulting lawsuits, it is only a matter of time before employers start to see claims by current or former employees stemming from issues related […]

Coronavirus and Commerce: Possible Insurance Implications

The coronavirus pandemic and its consequences are spreading throughout the world at an alarming rate.  Governments at all levels and the private sector are scrambling desperately to mitigate these consequences even as new closures, stricter quarantines, and fresh fears develop on an hourly basis. While some industries are more directly impacted than others (e.g., airlines […]

Can U.S. Companies Insure Against a Trade War?

The recent trade deal between the U.S. and China was welcome news for U.S. companies with investments in China.  The tenuous relationship between the countries, however, continues to cause substantial uncertainty for U.S. investors.  Their concerns are not unique to China—the Trump Administration has taken an aggressive trade stance even with nations usually considered friendly, […]

Playing with Fyre: Insurance Considerations for Music Festival Organizers

Just weeks before it was set to begin, Woodstock 50 gasped its final breath.  But the steady drumbeat of problems that caused organizers to cancel the event will only continue as financiers, artists, and organizers confront the range of legal issues that may now take center stage. Insurance will be key to addressing the Woodstock […]

Tours in Trouble: A Rock Star’s Response to Coverage Denials Based on Physical Injury or Mental Health

Touring is a major source of profits for today’s successful recording artists, and they spend considerable sums on venues and staging to bring music to their fans.  But the list of things that can go wrong before and during a tour is almost endless. That’s why artists, tour companies, and record labels purchase various forms […]

Life on the B Side: Social Media Advertising Under CGL Coverage B (Part 2)

The following is Part II in our two-part series on the intersection between social media advertising and the lesser known portion of commercial general liability (“CGL”) policies—the elusive “Coverage B.”  In Part I, we examined the prevalence of social media and social media advertising in today’s society.  We also provided a brief overview of the […]

The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 2: “Occurrence”)

Every day we learn new horrors about America’s opioid epidemic.  As discussed in my last entry, insurance issued to the prescription opioid industry may fund solutions to the crisis.  In conjunction with litigation filed by governmental entities from across the nation, Gilbert LLP is analyzing that question. One significant source of coverage may be comprehensive […]

FAA Proposes Amendments to Rules Applicable to Drones

Nearly four years ago I first wrote about the proliferation of commercial drones and the myriad of insurance and regulatory issues presented by their use. Since then, the commercial, industrial, and recreational drone markets have continued to expand at a dizzying pace. Correspondingly, changes in the regulatory, legal, and insurance landscapes applicable to drones will […]

Social Media Advertising Under CGL Coverage B (Part 1)

The following is Part I of a two-part series on the intersection between social media advertising and the lesser known portion of commercial general liability (“CGL”) policies—the illusive “Coverage B.” This first part will provide a brief overview of the prevalence of social media in today’s society and types of advertising found in the social […]

Securing Coverage for Wrongful Termination

Employers can be subject to a wide array of employment-related claims and often purchase employment practices liability insurance (EPLI) to ensure that they have broad coverage if and when they face such claims. For example, employers that purchase EPLI would expect that their insurer would provide coverage for any wrongful termination or retaliation claims that […]

The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 1)

There is an opioid crisis plaguing the United States. Millions of Americans are addicted, and tens of thousands die annually from overdoses. Nationally, the number of people who take prescription opioids for non-medical purposes is greater than the number who use cocaine, heroin, and hallucinogens combined. To address this problem, hundreds of governmental entities have […]